[Federal Register Volume 78, Number 247 (Tuesday, December 24, 2013)]
[Rules and Regulations]
[Pages 77585-77587]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30067]
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DEPARTMENT OF JUSTICE
28 CFR Part 16
[CPCLO Order No. 006-2013]
Exemption of Records Systems Under the Privacy Act; Correction
AGENCY: Executive Office for Organized Crime Drug Enforcement Task
Forces (OCDETF), Department of Justice.
ACTION: Correcting amendments.
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SUMMARY: The Department of Justice (the Department or DOJ) published a
final rule in the Federal Register on November 21, 2013, which added a
new section to the Department's Privacy Act exemption regulations to
exempt two OCDETF systems of records from certain subsections of the
Privacy Act. The final text of the rule incorrectly referred to
exempted ``subsections'' of the Privacy Act as ``paragraphs'' of the
new section. This document corrects the final rule by revising the new
section.
DATES: Effective on December 24, 2013.
FOR FURTHER INFORMATION CONTACT: Jill Aronica, Chief Information
Systems
[[Page 77586]]
Section, Executive Office for OCDETF, phone 202-514-1860.
SUPPLEMENTARY INFORMATION: The final rule published in the Federal
Register on November 21, 2013 (78 FR 69753), added Sec. 16.135 as a
new section to the Department's Privacy Act exemption regulations to
exempt two OCDETF systems of records from certain subsections of the
Privacy Act (5 U.S.C. 552a). The final text of rule Sec. 16.135(c)
incorrectly referred to exempted ``subsections'' of the Privacy Act as
``paragraphs'' of Sec. 16.135. This document corrects the final rule
by revising Sec. 16.135(c).
List of Subjects in 28 CFR Part 16
Administrative practice and procedure, Courts, Freedom of
information, Privacy, Sunshine Act.
Pursuant to the authority vested in the Attorney General by 5
U.S.C. 552a and delegated to me by Attorney General Order 2940-2008, 28
CFR part 16 is corrected by making the following correcting amendments:
PART 16--PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION
0
1. The authority citation for part 16 continues to read as follows:
Authority: 5 U.S.C. 301, 552, 552a, 552b(g), 553; 18 U.S.C.
4203(a)(1); 28 U.S.C. 509, 510, 534; 31 U.S.C. 3717, 9701.
Subpart E--Exemption of Records Systems Under the Privacy Act
0
2. In Sec. 16.135, revise paragraph (c) introductory text and
paragraphs (c)(1) through (c)(10) to read as follows:
Sec. 16.135 Exemptions of Executive Office for Organized Crime Drug
Enforcement Task Forces Systems.
* * * * *
(c) Exemptions from the particular subsections are justified for
the following reasons:
(1) From subsection (c)(3) because to provide the subject with an
accounting of disclosures of records in these systems could inform that
individual of the existence, nature, or scope of an actual or potential
law enforcement or counterintelligence investigation by the Organized
Crime Drug Enforcement Task Forces, the Organized Crime Drug
Enforcement Task Force Fusion Center, the International Organized Crime
Intelligence and Operations Center, or the recipient agency, and could
permit that individual to take measures to avoid detection or
apprehension, to learn of the identity of witnesses and informants, or
to destroy evidence, and would therefore present a serious impediment
to law enforcement or counterintelligence efforts. In addition,
disclosure of the accounting would amount to notice to the individual
of the existence of a record. Moreover, release of an accounting may
reveal information that is properly classified pursuant to Executive
Order.
(2) From subsection (c)(4) because this subsection is inapplicable
to the extent that an exemption is being claimed for subsections
(d)(1), (2), (3), and (4).
(3) From subsection (d)(1) because disclosure of records in the
system could alert the subject of an actual or potential criminal,
civil, or regulatory violation of the existence of that investigation,
of the nature and scope of the information and evidence obtained as to
his or her activities, of the identity of confidential witnesses and
informants, of the investigative interest of the Organized Crime Drug
Enforcement Task Forces, the Organized Crime Drug Enforcement Task
Force Fusion Center, the International Organized Crime Intelligence and
Operations Center, and other intelligence or law enforcement agencies
(including those responsible for civil proceedings related to laws
against drug trafficking or related financial crimes or international
organized crime); could lead to the destruction of evidence, improper
influencing of witnesses, fabrication of testimony, and/or flight of
the subject; could reveal the details of a sensitive investigative or
intelligence technique, or the identity of a confidential source; or
could otherwise impede, compromise, or interfere with investigative
efforts and other related law enforcement and/or intelligence
activities. In addition, disclosure could invade the privacy of third
parties and/or endanger the life, health, and physical safety of law
enforcement personnel, confidential informants, witnesses, and
potential crime victims. Access to records could also result in the
release of information properly classified pursuant to Executive Order.
(4) From subsection (d)(2) because amendment of the records thought
to be inaccurate, irrelevant, incomplete, or untimely would also
interfere with ongoing investigations, criminal or civil law
enforcement proceedings, and other law enforcement activities; would
impose an impossible administrative burden by requiring investigations,
analyses, and reports to be continuously reinvestigated and revised;
and may impact information properly classified pursuant to Executive
Order.
(5) From subsections (d)(3) and (4) because these subsections are
inapplicable to the extent that exemption is claimed from subsections
(d)(1) and (2) and for the reasons stated in Sec. 16.135(c)(3) and
(c)(4).
(6) From subsection (e)(1) because, in the course of their
acquisition, collation, and analysis of information under the statutory
authority granted, the Organized Crime Drug Enforcement Task Forces,
the Organized Crime Drug Enforcement Task Force Fusion Center, and the
International Organized Crime Intelligence and Operations Center will
occasionally obtain information, including information properly
classified pursuant to Executive Order, that concerns actual or
potential violations of law that are not strictly within their
statutory or other authority or may compile and maintain information
which may not be relevant to a specific investigation or prosecution.
This is because it is impossible to determine in advance what
information collected during an investigation or in support of these
mission activities will be important or crucial to an investigation. In
the interests of effective law enforcement, it is necessary to retain
such information in these systems of records because it can aid in
establishing patterns of criminal activity of a suspect and can provide
valuable leads for federal and other law enforcement agencies. This
consideration applies equally to information acquired from, or collated
or analyzed for, both law enforcement agencies and agencies of the U.S.
foreign intelligence community and military community.
(7) From subsection (e)(2) because in a criminal, civil, or
regulatory investigation, prosecution, or proceeding, the requirement
that information be collected to the greatest extent practicable from
the subject individual would present a serious impediment to law
enforcement because the subject of the investigation, prosecution, or
proceeding would be placed on notice as to the existence and nature of
the investigation, prosecution, or proceeding and would therefore be
able to avoid detection or apprehension, to influence witnesses
improperly, to destroy evidence, or to fabricate testimony. Moreover,
thorough and effective investigation and prosecution may require
seeking information from a number of different sources.
(8) From subsection (e)(3) because to comply with the requirements
of this subsection during the course of an investigation could impede
the information-gathering process, thus hampering the investigation or
intelligence gathering. Disclosure to an individual of investigative
interest
[[Page 77587]]
would put the subject on notice of that fact and allow the subject an
opportunity to engage in conduct intended to impede that activity or
avoid apprehension. Disclosure to other individuals would likewise put
them on notice of what might still be a sensitive law enforcement
interest and could result in the further intentional or accidental
disclosure to the subject or other inappropriate recipients, convey
information that might constitute unwarranted invasions of the personal
privacy of other persons, unnecessarily burden law enforcement
personnel in information-collection activities, and chill the
willingness of witnesses to cooperate.
(9) From subsections (e)(4)(G) and (H) because this system is
exempt from the access and amendment provisions of subsection (d).
(10) From subsection (e)(4)(I) to the extent that this subsection
could be interpreted to require more detail regarding system record
sources than has been published in the Federal Register. Should this
subsection be so interpreted, exemption from this provision is
necessary to protect the sources of law enforcement and intelligence
information and to protect the privacy and safety of witnesses and
informants and other information sources. Further, greater specificity
could compromise other sensitive law enforcement information,
techniques, and processes.
* * * * *
Dated: December 5, 2013.
Erika Brown Lee,
Chief Privacy and Civil Liberties Officer, United States Department of
Justice.
[FR Doc. 2013-30067 Filed 12-23-13; 8:45 am]
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